(SSJD)Fill out the next forms

Fill out the next forms

You'll need

Fill out your affidavit(s)

You won't need to go to trial and give evidence to a judge. Instead, you write your evidence in affidavits. An affidavit is a form that you fill out. You then swear or affirm in front of a Commissioner for Taking Affidavits that the information in the affidavit is true.

You can attach documents, such as copies of letters, written agreements, or court orders, at the end of an affidavit. These are called exhibits. Write a letter on each exhibit (for example, Exhibit A and Exhibit B). The exhibits must be attached in the order you refer to them in the affidavit. When you go to a Commissioner for Taking Affidavits to have your affidavit sworn, they stamp the first page of each attached document with an exhibit stamp. They then write the letter on each exhibit that corresponds to the information you included in your affidavit, and date and sign it.

You need to fill out:

Affidavit — Desk Order Divorce (Form F38)

This sets out all the facts of your marriage and separation, and gives information about parenting time if you have children.

Child Support Affidavit (Form F37)

This gives information about your children and child support, if you and the other person have children. Attach a copy of your separation agreement or court orders to this form as exhibits. See the tip box above, under Fill out your affidavit(s), for more information about exhibits.

Some of the information in these affidavits will be the same as what's in your Notice of Joint Family Claim (Form F1). The Notice of Joint Family Claim isn't a sworn document, and the judge or master must have sworn evidence to make a decision.

You and your spouse can prepare the Affidavit — Desk Order Divorce together, or you can print two copies and each swear one. You'll learn more about this in the next step.

When you're adding your names on the first page of either form, choose Claimant 1 and Claimant 2 from the drop-down boxes. If you were Claimant 1 on your Notice of Joint Family Claim, you're Claimant 1 here as well.

Your arrangements for parenting will be set out in your most recent agreement. If your arrangements have changed, explain the differences in detail. 

If your current arrangements are different from an order made by the court, you have to update that order before you can continue. See our step-by-step guide Get a family order in Provincial Court if you both agree or Change a family order in Supreme Court if you both agree.

Fill out three more forms

Next, you need to fill out three more forms:

Requisition (Form 35)

This tells the court that you want a divorce (and a name change, if you want one). It also tells the court what documents you're providing to support your application. On the first page of the form, under Required, type or write:

"A Final Order, without a hearing, in the form attached."

Certificate of Pleadings (Form F36)

The registry staff sign this form to show the judge that your documents have been checked and are complete and correct.

Draft Final Order (Form F52)

This sets out the orders the court makes. You fill in all the details, and the judge signs it. This will be your divorce order once the judge has signed it.

On all three forms, next to the name fields, the forms automatically show Claimant and Respondent. Choose Claimant 1 and Claimant 2 from the drop-down boxes. If you were Claimant 1 on your other forms, you're Claimant 1 here as well.

Both of you must sign the Requisition and the Final Order. Only the person who reviews your documents at the registry will sign the certificate.

Updated on 7 December 2022

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You might feel anxious about using the court forms, but it's just a matter of filling in certain facts. Take them one question at a time.